Adverse Possession

Question 1

adverse possession

Answer 1

landowner is barred from bringing an ejectment action against a trespasser of her land if a legal action is not taken within a statutorily specified number of years
- cannot run against a true owner under legal disability when the adverse possession begins

Question 2

ejectment

Answer 2

legal action to remove a trespasser

Question 3

statute of limitations period

Answer 3

the number of years an adverse possessor must use the property in order to gain possession of it

Question 4

color of title

Answer 4

claim founded on a written instrument, judgment, or decree that is defective and invalid
- the claimant must not be aware that the title is invalid!

Question 5

rationales of adverse possession

Answer 5

• punishes true owners who sit on their rights for too long
• rewards the person who uses, works on, or improves the property for a long time
• can serve as evidence (e.g. lost grants, oversights, etc.)
• facilitates efficient transfer of property
• preserves the status quo

Question 6

elements of adverse possession

Answer 6

actual 
open and notorious 
exclusive 
hostile/adverse 
continuous

Question 7

tacking

Answer 7

adding the time the first possessor used the property to the time the second possessor used the property

Question 8

privity

Answer 8

relationship necessary for tacking to be permitted

- occurs via contract of sale, gift, will, or intestate succession

Question 9

open and notorious

Answer 9

adverse possessor occupies the property in a way that constitutes reasonable notice to the owner that she is claiming dominion

Question 10

hostile/adverse

Answer 10

trespasser possesses the property without the owner’s consent

Question 11

objective test of hostile possession

Answer 11

Do the trespasser’s actions look like claims of ownership to the community?
- Does not matter if the trespasser actually is claiming a right to title.

Question 12

subjective test of hostile possession

Answer 12

Does the trespasser believe in good faith that she has title?

Question 13

squatter

Answer 13

person who occupies another person’s land knowing that he does not hold title

Question 14

is a squatter an adverse possessor?

Answer 14

NO

Question 15

mistaken belief

Answer 15

if a possessor mistakenly believes that she has title, but if she knew the truth she would not claim title, the possessor is not an adverse possessor